California Proposition 65 Reformulation of DINP in PVC / Vinyl Gloves

A recent Prop 65 settlement reflects a consent agreement for DINP in vinyl / PVC gloves. Reformulated products are to contain less than 0.1% DINP.

On 12 December 2013, diisononyl phthalate (DINP) [1] was added onto the Prop 65 list of chemicals as a chemical known to the state of California to cause cancer. This amendment took effect on 20 December 2013.

Since 20 December 2014,

Businesses have been required to provide a ‘clear and reasonable warning’ before knowingly and intentionally exposing anyone to DINP.

California Attorney-generals, non-governmental organizations, and individuals acting in the public interest have been allowed to begin enforcement actions [2] against businesses that fail to warn consumers about exposure to DINP.

In April 2015, we informed you of a Prop 65 settlement [3] involving vinyl / PVC tapes containing bis(2-ethylhexyl) phthalate (DEHP). Under the terms of the agreement, the parties agreed to reformulate the vinyl / PVC tapes to less than 0.1% for each of the 6 phthalates under Prop 65, including DINP.

In May 2015, a Prop 65 settlement on DINP in vinyl / PVC gloves was reached. Under the terms of the settlement, reformulated vinyl / PVC gloves are to contain less than 0.1% DINP. A Prop 65 settlement is a consent agreement between the parties named in the settlement and a party not named in a settlement is not bound by that settlement. Highlights of this settlement are summarized in Table 1.

Table 1

Substance

Scope

Method

Reformulation

DINP

Vinyl / PVC gloves

EPA 3580A and 8270C or other methodology utilized by federal and state agencies

< 0.1% (1000 ppm)

Proposition 65 [4] (Prop 65) is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by California residents in November 1986. Since its enactment, there have been numerous lawsuits which resulted in the reduction of carcinogenic and reproductive chemicals by reformulations of consumer products containing such chemicals.

Prop 65 is enforced by the California Attorney General’s Office. It may also be enforced by any:

District attorney or

City attorney for cities with a population of more than 750,000 or

Individual acting in the public interest by filing a lawsuit against a business alleged to be in violation of the law

Even though the Prop 65 list contains approximately 850 chemicals, consumer products containing lead [5], phthalates [6] and flame retardants [7] have been consistently targeted over the years. Consumer products containing cadmium [8] have also been increasingly targeted.